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An Act To Protect Political Speech and Prevent Climate Change Policy Profiling
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA c. 337-D  is enacted to read:
CHAPTER 337-D
PROTECTED SPEECH
§ 4751. Legislative findings
The Legislature finds that the courts have accorded political speech the highest level of protection from abridgment.
The Legislature, in agreement with the United States Supreme Court, finds no basis for the proposition that, in the context of political speech, the government may impose restrictions on certain disfavored speakers.
The Legislature finds that statutory prohibitions on state action concerning political speech are necessary in order to ensure the highest level of protection for political speech.
§ 4752. Limitations on Attorney General's authority concerning protected political speech
 
1.  Investigations and prosecutions.     Notwithstanding authority provided in Title 5, chapter 9, the Attorney General may not investigate, join an investigation initiated by another state or the Federal Government or prosecute any person based on that person's protected political speech.
 
2.  Use of prosecutorial power.     Notwithstanding authority provided in Title 5, chapter 9, the Attorney General may not use prosecutorial power to favor or disfavor protected political speech.
§ 4753. Climate change policy preferences
 
1.  Contracts and grants.     A department or agency of State Government may not discriminate in purchasing goods or services or in awarding grants or contracts based on the climate change policy preferences of the vendor, recipient or contracting party.
 
2.  Employment.     A department or agency of State Government may not discriminate with respect to the hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment or in recruiting for employment or otherwise discriminate against an individual based on the climate change policy preferences of the individual.
 
SUMMARY
This bill reinforces the recognition that political speech is deserving of the greatest protection from abridgment by the government. The United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), continued the protection of protected political speech, no matter the source or message. This bill provides explicit legislative findings to reinforce the United States Supreme Court decision and to clearly state the need for statutory protections of protected political speech.
The bill specifically prohibits the Attorney General from investigating, joining an investigation initiated by another state or the Federal Government or prosecuting any person based on that person's protected political speech. It also prohibits the Attorney General from using the Attorney General's prosecutorial power to favor or disfavor protected political speech.
The bill also prohibits the State from favoring or disfavoring any person based on the person's climate change policy preferences with regard to grants, contracts or employment.